[Ed. – The judges don’t seem to think the case got a fair hearing. It was dismissed after a single witness — the NYT editor — was heard from. That does sound like a lack of proper procedure.]
A federal appeals panel seems poised to reinstate a defamation lawsuit Sarah Palin brought against The New York Times after hearing oral arguments Friday.
A three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan found it unusual that a judge tossed the lawsuit last year after hearing testimony from a single witness. …
Circuit Judge John M. Walker Jr. said Rakoff heard the testimony of the editorial page editor of the Times and “then he decides the position of The New York Times is more plausible than the other side.”